论不当得利之“无法律上之原因”.pdfVIP

具有较强的说服力，却无法涵盖对各个类型非给付不当得利“无法律 上之原因”的认定。因此，对于非给付不当得利，应区分不同的类型 以认定其“无法律上之原因”。权益侵害型不当得利为非给付不当得 利之典型，其“无法律上之原因”的认定标准，是指受益人缺少权益 归属的资格。 关键词：不当得利，无法律上之原因，给付原因 II 万方数据 THE IDENTIFICATION OF ‘LACK OF JURIDICAL REASON’ OF THE UNJUST ENRICHMENT ABSTRACT The subject of this paper is one of the constructive conditions of unjust enrichment, lack of juridical reason. What are the standards of identifying ‘lack of juridical reason’ and how to judge it, both of the two questions are worth to be analyzed and researched. This paper consists of three chapters. Chapter one raises the question about what is the criteria of ‘lack of juridical reason’ from the perspective of both theoretical argues and problems existing in the judicial practice. Theoretically, there are argues between the theory of unification and theory of non-unification. The thesis believes that ‘lack of juridical reason’ doesn’t refer to the process of obtaining interests is lack of legal basis, but refers to obtaining and keeping the interests is lack of legitimacy or legal basis. To identify ‘lack of juridical reason’, we should make the unified basis of value judgment embodied in a variety of specific types of unjust enrichment. Meanwhile, the thesis reveals the confusion of the criteria in judicial practice by four cases. Chapter two inquiries one type of unjust enrichment, the payment I 万方数据 unjust enrichment. The thesis believes that ‘payment’